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MONTGOMERY v. ESTATE OF MONTGOMERY

No. 75A03-9604-CV-133.

677 N.E.2d 571 (1997)

Harry MONTGOMERY, Appellant, v. In the Matter of the Supervised Administration of the ESTATE OF Cynthia S. MONTGOMERY, a/k/a Cynthia S. Matter, Deceased, Appellee.

Court of Appeals of Indiana.

March 5, 1997.

Attorney(s) appearing for the Case

K. Edwin Applegate, Applegate, McDonald, Koch & Arnold, Bloomington, for Appellant.

Steven M. Bush, Millbranth and Bush, Valparaiso, for Appellee.

OPINION

GARRARD, Judge.

Harry Montgomery ("Montgomery") appeals the trial court's denial of his petition for a partial distribution of his share of the real estate. We affirm and remand to the trial court for further proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

Cynthia S. Montgomery, a/k/a/ Cynthia S. Matter ("Cynthia"), died testate on June 2, 1993 while domiciled in Starke County, Indiana. She was survived...

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